ORDINANCE NO. 2026-22 AN ORDIN...
Listed 3 weeks ago in Greensburg
ORDINANCE NO. 2026-22 AN ORDINANCE ANNEXING TERRITORY INTO THE TOWN OF ST. PAUL, INDIANA ON PETITION OF ALL OF THE OWNERS OF SUCH TERRITORY PURSUANT TO INDIANA CODE ? 36-4-3-5.1 WHEREAS, on or about the 29th day of April, 2026, Kristoffer C. Hall (the Petitioner), being the owner of one hundred percent (100%) of the real estate described herein, filed a Petition for Voluntary Annexation with the Town Council of the Town of St. Paul, Indiana (the Town), pursuant to Indiana Code ? 36-4-3-5.1; and WHEREAS, the Petition requests annexation of certain real estate located in Adams Township, Decatur County, Indiana, consisting of approximately 10.05 acres, together with the adjacent public right-of-way of East School Street (collectively, the Territory); and WHEREAS, the Territory includes (a) the parcel identified as Parcel Number 16-05-03-000-007.020-001 and (b) the adjacent public right-of-way of East School Street extending to the centerline thereof, as more particularly described in Exhibit A (Parcel) and Exhibit A-1 (Right-of-Way); and WHEREAS, the Territory is contiguous to the existing corporate boundaries of the Town within the meaning of Indiana Code ? 36-4-3-1.5; and WHEREAS, the Territory is not located within the corporate boundaries of any other municipality; and WHEREAS, pursuant to Indiana Code ? 36-4-3-5.1 (e), notice of a public hearing on the proposed annexation was duly published at least twenty (20) days prior to the hearing, and proof of publication was entered into the record; and WHEREAS, the Town Council conducted a public bearing on the 2nd day of June, 2026, at which the Petitioner and all other interested persons were given the opportunity to be heard; and WHEREAS, more than fourteen (14) days have elapsed since the conclusion of the public hearing; and WHEREAS, the Town Council has adopted a written Fiscal Plan establishing a definite policy for the provision of municipal services to the Territory in accordance with Indiana Code ? 36-4-3-3.1; and WHEREAS, the Town Council now finds that the annexation of the Territory is in the best interests of the Town of St. Paul, Indiana; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of St. Paul, Indiana, as follows: SECTION 1. Annexation of Territory. The Town of St. Paul, Indiana, hereby annexes into its corporate boundaries the Territory described as follows: A tract of real estate located in Adams Township, Decatur County, Indiana, consisting of approximately 10.05 acres, together with the adjacent public right-of-way of East School Street, as more particularly described in Exhibit A (Parcel) and Exhibit A-1 (Right-of-Way), attached hereto and incorporated herein. SECTION 2. Compliance with Statutory Requirements. The Town Council hereby finds that: 1.The Petition for Voluntary Annexation was filed by the owner of one hundred percent (100%) of the land in the Territory; 2.The Territory is contiguous to the Town within the meaning of lndiana Code ? 36-4-3-1.5; 3.All required notices and hearings have been conducted in accordance with Indiana law; 4.A Fiscal Plan has been adopted in compliance with Indiana Code ? 36-4-3-3.1; and 5.The requirements oflndiana Code ? 36-4-3-5.1 have been satisfied. SECTION 3. Incorporation of Territory. The Territory shall, upon the effective date of this Ordinance, become a part of the Town of St. Paul, Indiana, and shall be subject to all laws, ordinances, and regulations governing the Town. SECTION 4. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption and upon the filing and recording of this Ordinance as required by Indiana law, in the absence of a remonstrance or appeal filed pursuant to Indiana Code 36-4-3-15.5. SECTION 5. Publication of Ordinance. The Clerk-Treasurer is hereby directed to publish notice of the adoption of this Ordinance one (l) time within thirty (30) days after its adoption in accordance with Indiana Code ? 5-3-1. SECTION 6. Filing and Recording. In the absence of an appeal filed pursuant to Indiana Code ? 36-4-3-15.5, the Clerk-Treasurer is hereby directed to take the following actions within ninety (90) days after adoption of this Ordinance: 1.File a certified copy of this Ordinance with the following: a.The Decatur County Auditor, together with additional copies as necessary for distribution in accordance with Indiana Code 36-4-3-22; b.The Clerk of the Decatur Circuit Court; c.The Decatur County Board of Voter Registration; d.The Indiana Secretary of State; and e.The Indiana Election Division or other appropriate state office maintaining census or boundary data; 2.Record a certified copy of this Ordinance in the office of the Decatur County Recorder; and 3.Take any additional actions necessary to complete the annexation in compliance with Indiana law. ADOPTED AND PASSED by the Town Council of the Town of St. Paul, Indiana, this 7th day of July, 2026. Ayes /s/ Kimberly Livingston /s/ Tim Ray /s/ Josh Sangl /s/ Alyssa Hall Clerk-Treasurer EXHIBIT A-1 A part of the public right-of-way of East School Street lying adjacent to and abutting the real estate described in Exhibit A, located in Adams Township, Decatur County, Indiana, being that portion of said right-of-way extending to the centerline thereof and lying immediately adjacent to the boundaries of the real estate described in Exhibit A. EXHIBIT A LEGAL DESCRIPTION Land situated in the State of Indiana, County of Decatur and described as follows: Part of the Southwest Quarter of the Northwest Quarter and a part of the Northwest Quarter of the Southwest Quarter all in Section 3, Township 11 North, Range 8 East in Adams Township, necater County. Indiana, and also being a part of land described in Deed Record 98-4702, Office of the Recordef, described as follows: COMMENCING at an existing wood comer post marking the Southwest corner of a tract of ground as conveyed to Paul J. Hamersmith and Jane R. Gauck from Dale L. Pike and Blllytyn Pike as described in Deed Record 150, page 743 of the Decatur County Recorder's Office and said comer post being located North 89 degrees 01 minutes 51 seconds West (bearing assumed) 1417.98 feet (West 87 rods and 4 links- deed) from the Southeast comer of the Northwest Quarter of said section, and the Southeast Quarter comer marked by an existing PK nail in County Road 650 N; thence North 88 degrees 17 minutes 40 seconds West, 287.76 feet along the South line of the Northwest Quarter to a 5/8 rebar; thence South 39 degrees 40 minutes 57 seconds West, 2102.29 feet to the physical North r!ght-of-way of School Street (unplatted) as marked by a 5/8 rebar and the point of beginning; thence continuing South 39 degrees 40 minutes 57 seconds West, 30.01 feet; thence North 48 degrees 18 minutes 54 seconds West, 15.00 feet; thence South 39 degrees 40 minutes 57 seconds West, 15.00 feet to the Northeasterly boundary of Erastus L, Floyd's Addition to the Town of St. Paul; thence North 48 degrees 18 minutes 54 seconds West, 153.94 feet to a point in the Northwest right-of-way line of Main Street in said town: thence North 42 degrees 43 minutes 27 seconds East, 10.00 feet to an existing iron pipe in the South line of aforementioned Northwest quarter and said pipe marking the East comer of a 0.07 acre tract as described in Deed Record 145, page 18 of the Decatur County Recorder's Office; thence North 59 degrees 50 minutes 44 seconds West, 153.23 feet along the Northeast line of said 0.07 acre tract to an existing iron pipe marking the North corner of said 0.07 acre tract and located in an existing North-South fence; thence North 0 degrees 10 minutes 17 seconds East, 737.17 feet along said fence line to an existing fence comer post; thence South 88 degrees 48 minutes 43 seconds East, 637.47 feet to an existing fence corner post in the West line of the aforementioned tract of ground conveyed to Hamersmith and Gauck thence South 0 degrees 25 minutes 03 seconds West, 608.80 feet along an existing fence fine marking said Hamersmlth and Gauck West llne; thence North 88 degrees 55 minutes 51 seconds West, 343.32 feet; thence South 41 degrees 41 minutes 06 seconds West, 126.68 feet to a 5/8 rebar; thence South 48 degrees 18 minutes 54 seconds East, 43.00 feet to a 5/8 rebar: thence South 2 degrees 44 minutes 52 seconds East, 41.42 feet to a 5/8 rebar; thence South 41 degrees 41 minutes 06 seconds West, 63.00 feet to a 5/8 rebar on the North right-of.way of School Street (unplatted); thence along said right-of-way South 48 degrees 18 minutes 54 second & East, 108.25 feet to the point of beginning containing 10.050 acres, more or less. NOTE: The acreage indicated in the legal description is solely for the purpose of identifying the said tract and should not be construed as insuring the quantity of land. G-268 7/18 1980392
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Greensburg
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